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Home / RLA / Article 1. The basic concepts used in this Law are the Article of the Law On State Regulation of the Production and Turnover of Ethyl Alcohol and Alcoholic Products

Article 1. The basic concepts used in this Law are the Article of the Law On State Regulation of the Production and Turnover of Ethyl Alcohol and Alcoholic Products

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. The basic concepts used in this Law are the Article of the Law On State Regulation of the Production and Turnover of Ethyl Alcohol and Alcoholic Products

     The following basic concepts are used in this Law:

     1) turnover - export, import, purchase, storage, wholesale and retail sales;

     2) alcoholic products – food products made without or using ethyl alcohol produced from food raw materials and (or) alcohol-containing food products with a volume fraction of ethyl alcohol exceeding 0.5 percent, with the exception of products that are not subject to the requirements of the technical regulations of the Eurasian Economic Union (hereinafter referred to as the technical regulations);

     3) retail sale of alcoholic beverages - sale of alcoholic beverages for its further consumption or non-commercial use, carried out in stationary premises equipped with a sales hall and on the territories of restaurants, bars and cafes, as well as on passenger aircraft, passenger ships of sea transport, in dining cars of passenger trains equipped with a cash register with fiscal memory;  

     4) wholesale sale of alcoholic beverages - the release of alcoholic beverages from warehouses to the address specified in the license, without volume restrictions;

     4-1) personal identification number-code – an identification number assigned to manufactured and imported ethyl alcohol and alcoholic beverages (except brewing products);

     5) relocation - a change in the location of ethyl alcohol and (or) alcoholic products in space, with the exception of a change in location inside stationary production and (or) warehouse premises located at the same address;  

     6) combined polymer packaging - consumer packaging made of combined polymer materials, the inner surface of which is made of food-grade polymer material;  

     7) control metering devices – devices equipped with uninterruptible power supply sources that provide automated transmission through the operator of data from control metering devices in the field of production of ethyl alcohol and alcoholic products to the authorized body and its territorial divisions in real time of data on the volume of production of ethyl alcohol and alcoholic products, the concentration of ethyl alcohol in it (except wine products), ethyl alcohol residues (except for brewing products), identification of accounting and control marks and volumes of electricity consumed in the production of vodkas, special vodkas and vodkas with a protected appellation of origin of alcoholic products subject to labeling with accounting and control marks, and volumes of electricity consumed in the production of vodkas, special vodkas and vodkas with a protected appellation of origin;

     7-1) accounting and control brand identification devices – devices using software that determine the identification of accounting and control brands of alcoholic beverages and transmit identification data to the authorized body and its territorial divisions in real time, with access to the information resources of the authorized body;

     8) accounting and control stamp is a special one–time sticker with the necessary protection elements of the prescribed form and content, containing information intended for the identification of alcoholic products (except for bulk wine (wine materials), beer and beer drink) in order to account for and control its turnover (except for export);

     9) Excluded by the Law of the Republic of Kazakhstan dated 12/30/2020 No. 397-VI (effective from 01/01/2024).  

     10) tin container - consumer packaging made of special tinplate, the inner surface of which consists of food-grade material;  

     11) warehouse premises - specialized stationary premises and (or) platforms (for storage of ethyl alcohol) intended for storage, reception and release of ethyl alcohol and (or) alcoholic products corresponding to qualification requirements;  

     12) Excluded by the Law of the Republic of Kazakhstan dated 12/30/2020 No. 397-VI (effective from 01/01/2024).  

     13) production passport is the main document regulating the use of existing equipment, compliance with the technological process, and setting consumption rates for basic raw materials, ingredients, auxiliary materials, and yield rates for finished products, by-products, and loss rates during production;  

     14) plastic container - consumer containers based on polyethylene, polystyrene and other polymeric materials;  

     15) storage - placement (warehousing) of ethyl alcohol and (or) alcoholic products for the purpose of further wholesale or retail sale;  

     16) identification is a procedure that ensures unambiguous recognition in the field of production and turnover, and the establishment of full conformity of certain products among similar ones in terms of distinctive properties and characteristics.;  

     17) stationary premises - capital buildings, structures or part thereof, provided with water supply, energy supply and sewerage, having a foundation, and which cannot be moved without damaging their supporting structure. In this Law, passenger aircraft, passenger ships of maritime transport, and dining cars of passenger trains are equated to stationary premises.;

     18) anhydrous alcohol is one hundred percent alcohol or absolute alcohol that does not contain water, used as a conditional concept used in calculations.;

     18-1) bottling of brewing products is a method of retail sale of brewing products that does not provide for its transportation and storage;

     19) labeling - text, symbols and drawings that carry information for the consumer and are applied to labels, counter labels, collars and packages;

     19-1) the accompanying bill of lading for goods – the document intended for control of movement of ethyl alcohol and (or) alcoholic products;

     20) consumer packaging - containers delivered to consumers with alcoholic beverages that do not perform the function of transport containers and are made of materials approved for use by an authorized body in the field of healthcare;  

     21) branded specialty store - a stationary room equipped with a sales area, equipped with a cash register machine with fiscal memory and intended for retail sale of alcoholic beverages actually produced;  

     22) excluded by the Law of the Republic of Kazakhstan dated 05.01.2021 No. 407-VI (effective from 01.01.2020);  

     23) ethyl alcohol – products with a strength of at least 88 percent, which is an aqueous solution of ethanol produced by alcoholic fermentation of sugar and starch-containing raw materials (with the exception of fruit), followed by distillation and (or) brew rectification or rectification of raw ethyl alcohol, containing concomitant volatile impurities, as well as obtained from the head fraction of ethyl alcohol. alcohol made from food raw materials and processed products formed during the production of ethyl alcohol, vodka, and alcoholic beverages;

     24) data from control metering devices in the field of production of ethyl alcohol and alcoholic products – data on the volume of production of ethyl alcohol and alcoholic products, the concentration of ethyl alcohol in it (except for wine and brewing products), ethyl alcohol residues (except for brewing products), identification of accounting and control brands and the amount of electricity consumed in the production of vodka, special vodkas and vodkas with a protected appellation of origin;

     25) the operator of these control metering devices in the field of production of ethyl alcohol and alcoholic products is a legal entity determined on a competitive basis in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan on public procurement, providing automated online transmission of control metering devices to the authorized body and its territorial divisions.

 

 

The Law of the Republic of Kazakhstan dated July 16, 1999 No. 429.

      This Law regulates relations arising in the process of production and turnover of ethyl alcohol and alcoholic products, state regulation and implementation of activities of subjects of production and turnover of ethyl alcohol and alcoholic products.

 

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